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Safety of Immigrant, Refugee and Non-Status Women Annotated Bibliography Safety of Immigrant, Refugee and Non-Status Women Annotated Bibliography By Ju Hui Judy Han June 9, 2009 1. Research Reports (in chronological order) Sponsorship... For Better or for Worse: The Impact of Sponsorship on the Equality Rights of Immigrant Women (2001) (246 pages) Funded by the Status of Women Canada’s Policy Research Fund and the Joint Centre of Excellence for Research on Immigration and Settlement (CERIS) in Toronto. The report criticizes the detrimental effects of the “sponsorship regime,” defined as the constellation of various laws, regulations and guidelines from the federal and provincial governments defining sponsorship, the obligations of sponsored persons and their sponsors.” It discusses misunderstandings of sponsorship, integration barriers, and spousal maltreatment, and concludes that sponsorship “poses the question of the responsibility of the family to ensure the well-being and the socio-economic security of its members in relation to the state.” The report finds that given “the fact that sponsorship involves the undertaking of responsibility for women by the spouse, the fact that the application for permanent residence may be refused if the spouse withdraws his sponsorship and the fact that the access of sponsored women to social assistance is limited by provincial regulations (and remains so for the entire duration of the sponsorship, even after citizenship has been obtained), mean that the equality rights of women immigrants are being violated. Indeed, our research revealed that the sponsorship regime has a discriminatory effect on immigrant women who are sponsored by their husbands in that it exacerbates their unequal status within the marriage, diminishes their dignity and degree of independence, aggravates existing socio- economic disadvantages and violates their most basic human rights.” Based on the legal analysis of the impact of sponsorship as well as comments and suggestions from sponsored women themselves, the report criticizes both the Quebec and American models The Quebec model reduced the sponsorship period from 10 years to 3 years, but did not address issues concerning the withdrawal of sponsorship; the exclusion of sponsored women from undertaking sponsorship agreements and from the sponsorship application process; and the sponsored women’s restricted access to welfare. The American model under which the Violence Against Women Act (VAWA) allows self-petitioning for immigrants who are victims of conjugal violence and in the US out of status but does not Safety of Immigrant, Refugee and Non-Status Women, Annotated Bibliography, June 2009 apply, however, to all sponsored immigrant women, resulting in not only a problematic hierarchy of “deserving” vs. “undeserving” immigrants but also promoting a policy that remedies the effects of violence only after it has taken place, without calling into question the basic structure of the sponsorship undertaking. Instead, the report recommends: reducing the duration of the sponsorship undertaking (this change was implemented in 2001 as part of the Immigration and Refugee Protection Act); ensuring that sponsored women have access to social assistance in case of sponsorship breakdown; ensuring protection against withdrawal of sponsorship (or threats to do so) by considering humanitarian grounds over the criteria of financial autonomy; allowing the rescinding of the sponsorship undertaking in cases of conjugal violence so that a sponsored women does not have to maintain contact with the abusive sponsor; and more broadly, respecting the rights of low-income people to family reunification. Available from http://publications.gc.ca/pub?id=293775&sl=0 Intersecting Inequalities: Immigrant Women of Colour, Violence and Health Care (2001) Status of Women Canada, the BC Centre of Excellence for Women’s Health, and the Vancouver Foundation, funded this report by Yasmin Jiwani. It provides an excellent framework for understanding the experience of racialized immigrant women facing intimate violence and their access to the health care system, outlining the impact of structural forces and the barriers that impede women’s access to formal health care. It shows that physicians are often inadequately prepared to respond to patients who have experienced domestic violence, and that physicians’ response to immigrant women who have been abused tend to be influenced by stereotypes about violence within cultural groups. The report avoids “ethno-specific research,” seeing that it can reify cultures as static entities and be used to reinforce entrenched stereotypes of particular ethnic groups. Recommendations of the report emphasize the need for health care providers to be more educated and aware of the health care impacts of violence. Available from http://www.vancouver.sfu.ca/freda/articles/hlth.htm Canada’s Failure to Act: Women’s Inequality Deepens (2003) (82 pages) The Canadian Feminist Alliance for International Action (FAFIA) submitted this report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), with financial assistance provided by the Status of Women Canada. The report clearly outlines the many ways in which Canada is violating the rights of women set out by the CEDAW. In addition to Canada’s failure to effectively address the multiple impacts of racism on Canadian women, the report discusses the entrenched sexist and racist attitudes and treatment of particularly vulnerable groups of women who seek to enter Canada to live and work, many of whom are women of color from developing countries. The impact of immigration and refugee law and policy on these women is outlined in this Report. Available from http://www.fafia-afai.org/en/canadas_failure_to_act_womens_inequality_deepens 2/28 ______________________________________________________________________________ The Safety for Immigrant, Refugee and Non-Status Women Project: Ending Violence Association of BC, MOSAIC & Vancouver Lower Mainland Multicultural Family Support Services Society. Funded by the Law Foundation of BC. Safety of Immigrant, Refugee and Non-Status Women, Annotated Bibliography, June 2009 CRIAW Fact Sheet: Immigrant and Refugee Women (2003) (12 pages) This Fact sheet was created by the Canadian Research Institute for the Advancement of Women (CRIAW), which is based in Ottawa Ontario. The fact sheet clearly states that immigration policy affect women differently, explaining how sponsored immigrant and refugee women, mail-order brides, and domestic live-in caregivers are especially vulnerable to abusive relationships. For example: Regulations placed on family class (sponsored) immigrants can make it difficult for them to receive social assistance and old age security, as well as limit their access to social housing and job training programs. Not only does this deny immigrant women the services they need, it also means they are forced to rely on men whether they want to or not. This can result in women and children living in abusive situations. The fact sheet also includes a section on myths & facts (myths including “immigrant and refugee women are in Canada to do the ‘dirty work’ Canadian-born citizens will not do” and “immigrant women are not feminist”) and a suggested list of actions and resources. Available from http://www.criaw-icref.ca Assisting Immigrant and Refugee Women Abused by Their Sponsors: A Guide for Service Providers (2003) (55 pages) Guide produced by the BC Institute against Family Violence (BCIFV) with funding from the Anti-Racism and Multiculturalism Program of the BC Ministry of Multiculturalism and Immigration. The guide features more than 10 scenarios of women experiencing violence, such as sponsored fiancée, women with an in-Canada sponsorship application in progress, women applying for convention refugee status, women with children and no permanent resident status, etc. Due to the technical and changing nature of legal information, it is unlikely that this guide from 2003 contains reliable information. To be useful, a guide like this would have to be updated constantly. The scenarios are nonetheless helpful in demonstrating how people interact with policies, illustrating how actual policies affect real life situations. Available from http://www.bcifv.org (website is no longer available) Nowhere to Turn? Responding to Partner Violence against Immigrant and Visible Minority Women (2004) (68 pages) Report produced by the Canadian Council on Social Development (CCSD) and submitted to the Department of Justice, Sectoral Involvement in Departmental Policy Development. It is based on focus groups with frontline workers from community organizations in seven cities (Vancouver, Calgary, Winnipeg, Toronto, Ottawa, Montreal and Halifax). This report highlights the social, cultural and systemic barriers that hinder immigrant and visible minority women from seeking and obtaining the supports they need. Key findings include the need for comprehensive, coordinated and culturally appropriate strategies to reach out to immigrant and visible minority women in Canada who are abused 3/34 ______________________________________________________________________________ The Safety for Immigrant, Refugee and Non-Status Women Project: Ending Violence Association of BC, MOSAIC & Vancouver Lower Mainland Multicultural Family Support Services Society. Funded by the Law Foundation of BC. Safety of Immigrant, Refugee and Non-Status Women, Annotated Bibliography, June 2009 by their husbands or partners. It emphasizes the importance of providing information on
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